Few things under the Telephone Consumer Protection Act (TCPA) are subject to as much uncertainty as the definition of “automatic telephone dialing system” (ATDS). This year’s decision in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018) seems to have raised more questions than it answered as courts and the FCC continue to grapple with this definitional component of the TCPA. Courts are divided as to how to define an ATDS as demonstrated by subsequent decisions in the Ninth and Third Circuits, and various district courts. See Marks v. Crunch San Diego, LLC, 904 F.3d 1041(9th Cir. 2018); Dominguez on Behalf of Himself v. Yahoo, Inc., 894 F.3d 116 (3d Cir. 2018). This difference of opinion among the courts has prompted the FCC to extend the time period for public comment on what constitutes an ATDS, and has created confusion for industry participants and TCPA practitioners.
So, what’s an autodialer now? Join Mark Rooney, Chris Roberts, and Jonathan Hoffmann on a free Roundtable discussion regarding recent case law developments relating to the definition of an ATDS, the FCC rulemaking process, and the implications for TCPA litigation. The Roundtable takes place Tuesday, December 11, 2018 at 2PM EST and will last approximately one hour. More information on how to register can be found here. The Roundtable discussion is hosted by the ABA Consumer Litigation Committee for which Jason Tompkins is Co-Chair.